EPA v. E.I. DUPONT DE NEMOURS AND COMPANY

Case summary

8/27/09 - COMPLIANCE ORDER ISSUED. PURSUANT TO CAA SEC 503(b)(2) AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), TH EPERMITTEE IS REQUIRED TO PERIODICALLY (BUT NO LESS FREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE PERMIT. PURSUANT TO 40 CFR 70.6(c)(5) AND 401 KAR 50.035 SECTION 7(2)(b), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TO THE ADMINISTRATOR AS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO TITLE V PERMIT SECTION F, MONITORING, RECORDKEEPING AND REPORTING REQUIREMENTS , PARAGRAPH 7, COMPLIANCE CERTIFICATION REQUIREMENTS, THE PERMITTEE SHALL CERTIFY COMPLIANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THIS PERMIT, ANNUALLY BY COMPLETING AND RETURNING A COMPLIANCE CERTIFICATION FORM (DEP 7007CC) OR AN APPROVED ALTERNATIVE TO THE DIV FOR AIR QUALITY'S FRANKFORT REGIONAL OFFICE AND THE U.S. EPA. ACCORDING TO THE INFO PROVIDED BY KY DIV FOR AIR QUALITY, THE ANNUAL COMPLIANCE CERTIFICATION WAS DUE TO THE ADMINISTRATOR OF EPA REGION 4 BY JAN 30, 2009. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF AUG 1, 2009, RESPONDENT HAS NOT SUBMITTED A COMPLIANCE CERTIFICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE ADMINISTRATOR OF EPA REGION 4 A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONS IN ACCORDANCE WITH 40 CFR 70.6(c)(5), INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR THE CALENDAR YEAR 2008 WITHIN 14 CALENDAR DAYS.

Defendants (1)

• E.I. DUPONT DE NEMOURS AND CO.Named in settlement

Facilities (4)

• NEXPERA LLC - WURTLAND PLANT

  400 HARRIS RD, WURTLAND, KY, 41144

  Registry ID: 110000379876

• NEXPERA LLC - WURTLAND PLANT

  400 HARRIS RD, WURTLAND, KY, 41144

  Registry ID: 110000379876

• NEXPERA LLC - WURTLAND PLANT

  400 HARRIS RD, WURTLAND, KY, 41144

  Registry ID: 110000379876

• NEXPERA LLC - WURTLAND PLANT

  400 HARRIS RD, WURTLAND, KY, 41144

  Registry ID: 110000379876

Statutes cited

• CAA 502 — Operating Permits (Title V)

Enforcement conclusions (1)

• E.I. DUPONT DE NEMOURS AND COMPANYentered 2009-08-27

  Primary law: CAA

Timeline (2 milestones)

• 2009-08-27Final Order Issued
• 2009-09-15Enforcement Action Data Entered